Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint (b)Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts. 285 Borrowing the language of the UNGPs is crucial to achieve normative unity with the existing framework for corporate responsibility. It can also complement domestic law initiatives contained in the draft BHR treaty. 286 Applying the tort of negligence in the case of Facebook in Myanmar, the duty would look like this: The corporation must observe reasonable care that its product, service, or operation does not cause, contribute, or be directly linked to the perpetration of a Rome Statute crime. Reasonable care. Although the UNGPs prescribe the different ways that corporations may be involved in a human rights violation (causecontribute-linked), 287 the tort proposed here intends to prescribe the standard of care that corporations must exercise in order to avoid liability. Note that reasonable care here is used tentatively. Various types of liability can be explored: vicarious liability, strict liability. Various defenses can be examined: fulfilling the duty to mitigate and prevent, exercising due diligence (such as by conducting a human rights impact assessment before commencing in-country operations), exercising extraordinary diligence. A finding of fault must be clarified. As applied to Facebook’s operation in Myanmar during the relevant period, it would appear that Facebook did not exercise reasonable care to avoid its product to be directly linked to the spread of incitement against the Rohingya. As discussed in the preceding sections, despite numerous warnings and alerts from civil society, Facebook did not adequately address the problem of hate speech and incitement on the platform. 288 It noticeably implemented Myanmar-specific improvements only in 2018, after the Myanmar tragedy had coincided with other 285. UNGPs, supra note 14, at 14–15 (principle 13). 286. See Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and other Business Enterprises (OEIWG Chairman Revised Draft July 16, 2019) art. 5 sec. 1, https://www.ohchr.org/Documents/HRBodies/HRCouncil/WGTransCo rp/OEIGWG_RevisedDraft_LBI.pdf [https://perma.cc/2BMY-K5US] (last visited Feb. 11, 2020). 287. See U.N.H.R. Office of the High Commissioner, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (2011), https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusi nessHR_EN.pdf . 288. See discussion infra Part 2. 192